Tran (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Mr. Tran for a Subclass 187 Regional Sponsored Migration Scheme visa, Direct Entry stream. The core of the dispute was whether the applicants met the eligibility requirements for this visa subclass, specifically concerning the necessity of an approved nomination.

The primary legal issue before the Tribunal was to determine whether the applicants were entitled to be granted a Subclass 187 visa, given that there was no approved nomination lodged by an employer. This required the Tribunal to interpret the relevant provisions of the Migration Regulations 1994 (Cth) and the Migration Act 1958 (Cth) as they applied to the Direct Entry stream of the Subclass 187 visa.

The Tribunal affirmed the decision not to grant the visa. This outcome was based on the finding that an approved nomination is a mandatory requirement for the grant of a Subclass 187 visa under the Direct Entry stream. Without a valid and approved nomination, the applicants could not satisfy the criteria for the visa.